TERMS AND CONDITIONS
1.1 These terms and conditions relate to goods which you offer to purchase from the Bata online store ("our/this Website"). Please read these terms and conditions, which govern our use of this Website and our supply to you of any goods which offer to purchase through our on-line facilities (“the Terms and Conditions”). We will be unable to process any offer to purchase goods until you have done so. Please email us at mybata.ecommerce@bata.com for any further queries.
By making an offer to purchase, you agree to be bound by the whole provisions of the Agreement (as defined in your clause 3.1 below) between you and us. If you do not accept these provisions you should not place an order.
These terms and conditions may be changed at any time by us and we are not under any obligations to notify you of such changes.
DEFINITIONS
In these terms and conditions:-
2.1 "Commencement Date" means the date when our agreement with you is concluded (See clause 3.3);
2.2 "Confirmation Form" means the form that is shown on screen after you have placed an order, confirming details of the Goods which you have offered to purchase and which we have agreed to supply to you;
2.3 "Consumer" means an individual whose use of the Service is for personal purposes only, and not for use in connection with any trade, business or profession;
2.4 "Order Form" means the form completed by you online and showing details of the goods which you have offered to purchase from us;
2.5 “Return Form” means the form that you will be completing in case of any return or exchange cases that you may want to request upon receiving your goods.
2.6 "Goods" means the goods to be provided by us to you, as described in the Order Form and the Confirmation Form as well as on the pages of our Website relevant to those goods. (In the event of a discrepancy between the description of the Goods on this Website and that on the Order Form and the Confirmation Form, the description in the Order form or Confirmation Form shall be conclusive);
2.7 "We/Us/Our" refers to Bata Primavera Sdn Bhd, a company incorporated in Malaysia (registered no. 24104-P) and having our registered office at B17, Menara Bata, No.8, Jalan PJU 8/8A, Bandar Damansara Perdana, 47820 Petaling Jaya, Selangor. Malaysia.
2.8 "You/Yours" refers to you, the person offering to purchase goods from us.
YOUR AGREEMENT WITH US
3.1 These terms and conditions, together with the Order Form, Confirmation Form, Privacy Policy and Terms of Use appear on our Website, constitute the entire agreement between you and us relating to the provision of the Goods ("the Agreement"), and supersede any previous agreements, undertakings or proposals, written or oral, between us in relations to this, and all past courses of dealing or industry custom. No oral explanation or oral information given by any party (including any information given via our customer service department) shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation which has not been made expressly in these terms and conditions.
3.2 Nothing in this Website is intended or shall be interpreted to mean that we are making a legal offer to us to purchase the Goods. It is entirely at out discretion to accept or reject the offer to purchase.
3.3 The Agreement is concluded only when we have accepted your order by sending you a Confirmation Email (with the date of conclusion of the Agreement being the date shown on the Confirmation Email).
GENERAL
4.1 Payment can be made using any of the methods listed in this Website (payment) and will be debited when we have accepted your offer to purchase.
4.2 All prices are quoted in RM (Malaysian Ringgit) and inclusive of Sales Tax where applicable.
4.3 Our acceptance of your offer to purchase Goods is subject to their availability. Our acknowledgement of order acceptance via web or email is not a guarantee of delivery. We will inform you if we are unable to deliver the Goods which you have offered to purchase and a full refund will be given.
4.4 Every effort has been made to ensure the descriptions and price of goods are correct. We will inform you as soon as possible in the event of an error in pricing or description coming to our attention. When we notify you of such an error, you will have the option of either
(i) confirming your offer to purchase subject to the corrected description or price, or (ii) retracing your offer to purchase and receiving a full refund if the Goods have been paid for.
DELIVERY
5.1 All deliveries are subject to stock availability and authorization of your payment.
5.2 Free delivery for all orders above RM49.90. For orders below RM49.90 the delivery charges are as follows:
West & East Malaysia: RM5
*delivery charges will be borne by customer.
5.3 We shall endeavour to deliver the Goods you have offered to purchase within 3-5 working days after we receive your offer.
5.4 Your order processing will be process during office hours (9am – 6pm), Monday to Friday (Except weekend and Public Holidays). We are unable to specify the time at which the goods will be delivered to you, as this are dependable on courier services operations.
5.5 All orders must be placed before 12.00pm local time to ensure that you receive your product within the specified delivery period. Please note that certain items may not be delivered within the specified delivery period due to the unavailability of stocks.
5.6 All parcels will be deliver to the input of address during confirmation of order. Changes of address are available before parcel are confirm to shipped. Once status is turn to Shipped, no cancellation or change of address are available.
5.7 A signature will be required upon delivery of the goods to you. Receipt of a signature at the delivery address will be verified that the order had been delivered to you. A signature may be obtained from any person at the given delivery address.
5.8 If no person is present at the delivery address you have provided, the courier may leave a card giving you instruction on either reattempt of delivery or collection from the courier depot. If a person is not at home during the delivery, customer are to contact courier services for re-arrangement of delivery.
5.9 If delivery or collection is delayed through your unreasonable refusal to accept the delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the courier depot, then we may take of the following action:
5.9.1 Immediately terminate the product for delivery or collection and notify you that we are immediately cancelling the order, in which case we will refund to you or your credit card company as applicable any money already paid to us under the applicable Contract.
5.10 It is your responsibility to ensure that Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and bespoke to fit any particular requirements that you have
5.11 We use DHL as our delivery partner to deliver your order. All parcel are borne to courier services T&C.
FAULTY PRODUCTS
6.1 We warrant that:
6.1.1 the Product will be delivered undamaged in the quantities ordered; and
6.1.2 the Product will conform with the manufacturer’s latest published instructions as set out on
6.1.3 the Site or in our Product material at the time of your Order.
6.2 30 days warranty claim will be given to customers if they claim within seven (14) days of purchase. Customers are to contact Customer Service team before proceed to any action of return/ refund. Customer service has the rights to reject parcel if conditions are deem unacceptable.
6.3 The Product is intended to be used strictly in accordance with the manufacturer’s latest published instructions as set out on the Site or as on the Product itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions.
6.4 Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.
6.5 We try very hard to deliver Products in excellent condition. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time.
6.6 In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:
a) you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and
b) you providing us with the delivery note number and such other information as we reasonably require.
RETURN & REFUND POLICY
We are committed to ensuring your satisfaction with any merchandise you have ordered from us. However, if you’re unhappy for any reason, here’s what to do.
7.1 In the event that the items sent are wrong or defective item, you have up to 30 days Return Policy upon receiving of your goods.
7.2 All items must be packed in their original packaging with all tags attached and must be unused, unworn or undamaged condition.
7.3 We are unable to accept return items without the original packaging or in used/worn/damaged condition.
7.4 Please complete the Returns Form which have been enclosed with your received order, or enclose any note detailing your name, address, contact number and reason for return.
7.5 Returned fee shall borne by customer. We do not bear return fee for any returned item.
7.5 Please contact Customer Service Team for next course of action.
7.5.1 RETURN PROCEDURE – Bata Shop
Please contact our Customer Service via email at mybata.customerservice@bata.com to arrange a return request to your nearest Bata Shop. Once arrangements are done we will notify you. Bring along the goods, return requested email and printed copy of the proof of purchase (Confirmation Email which was send to your email inbox) to the agreed Bata Shop. We will process your request within 5-7 working days upon receiving your goods and you will receive an email notification. Please take note that refund will be credited within 14 working days from the date of returning the goods.
Please note that you will be liable for the costs of returning the goods to us, and we will not reimburse you for this.
RIGHT OF CANCELLATION
8.1 You may cancel this agreement if the product is not available. You will be notified of such cases and any money received will be refunded using the same method originally used by you to pay for the Product.
8.2 If you wish to cancel the agreement, you must notify us in writing and email your notification to our customer service team at mybata.customerservice@bata.com
8.3 Once an order has been dispatched, it may not be cancelled and the item must be returned to us.
PAYMENT OPTIONS
9.1 We accept the following methods of payment base on Ayden acceptable payment gateway.
Credit Cards:-
MasterCard
VISA
Online Banking & E-Wallet:-
MAYBANK 2U
CIMB CLICKS
RHB NOW
HONG LEONG CONNECT
BANK RAKYAT
BANK ISLAM
AFFIN BANK
ALLIANCE ONLINE
AMBANK GROUP
9.2 Payment made by any of the methods mentioned at Clause 9.1 will be debited upon receiving of your confirmed. The total amount you pay is the same, regardless of the payment method you use. Payment will be processed using the services of IPay88 Merchant services.
DATA PROTECTION
We are committed to protecting your privacy and the security of any information given to us in order for us to process your order. Kindly refer to our Privacy Policy, which forms part of these Terms and Conditions.
COMPLAINTS MANAGEMENT
10.1 We operate a complaints handling procedure that we use to try resolve any disputes that may have arise. You may need to contact us according to the contact details stated at Clause 1.1 of these Terms and Conditions.
10.2 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and details of your order as provided in the Confirmation Form. Should you not received any feedback from us within 5 Business Days, please make further enquiries. In rare cases, your email may be caught up in our spam filters or not reach us due to any technical difficulties.
GENERAL
11.1 We shall keep a record of your Order and these Terms and Conditions until six years after we have accepted your Order. However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order.
11.2 No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
11.3 If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
11.4 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
11.5 Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
11.6 No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
11.7 These Terms and Conditions and Agreement (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Malaysia Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Malaysia Courts. All dealings, correspondence and contacts between us shall be made or conducted in English language.
AMENDMENT TO THE GENERAL BUSINESS TERMS AND CONDITIONS
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.